Terms of Service
ResellRabbit (referred to hereinafter as “Company,” or “We,” or “Us,” or “Our”), provides software tools that allow resellers to promote physical goods on the platforms such as Poshmark. The Services are made available through Our websites located at www.resellrabbit.com (“Site”). This Agreement applies to all visitors and users of Our Services, unless governed by another agreement between ResellRabbit and You.
By accessing the Services, You agree to comply with this Agreement, and that Your visit and/or use of the Services, and any dispute directly arising out of Your use or misuse, will be governed by this Agreement.
Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. If you do not wish to accept the change to this Agreement, Your sole remedy is to cease use of the Service and Site. The modified Agreement will become effective immediately unless otherwise stated in a message. Notwithstanding the foregoing, any changes to this Agreement will not apply to any dispute between You and Us arising prior to the effective date of any such change(s).
a. Service Provided: Our Services allow sellers to promote physical goods to online shoppers.
b. No Guarantee: We do Our very best to provide the most accurate information possible on Our Site and Service, but it is impossible to guarantee accuracy of all the information, data, products, and services discoverable on Our Site or provided through Our Services. Therefore, We do not, and at no point in time in the future, guarantee that Our information, data, products and services offered through Our Site is bug-free, error-free, up to date, accurate, usable, or appropriate to Your needs.
In order to use Our Services, You represent that You (1) have the legal capacity and authority to enter into this Agreement; and (2) have read, understood, and agree to be bound by the Terms, regardless of the device or platform by which You access any of Our Services. If You do not agree to the Terms, You shall not use Our Services.
a. Type of User: Although anyone can visit the Site, at the moment sellers are permitted to make use of Our Services. Each Seller shall have a different (1) method of signing up for the Site and Service; (2) payment method, subscriptions and rates; and (3) obligations and liabilities, outlined herein. Sellers are more specifically defined herein as: an individual or an entity that engages in ecommerce by selling goods and/or services on the internet, and wishes to incorporate the Services to promote their goods (“Seller”).
b. Minors. The Site and Services are available only for individuals who are eighteen (18) years of age or older. By accepting this Agreement, You hereby agree that You are above the age of eighteen (18). If You are thirteen (13) or older but under eighteen (18) years of age or otherwise considered a minor (“Minor”), (or the legal age of majority where You reside if that jurisdiction has an age of majority older than eighteen (18)), You must review the terms of this Agreement with Your parent or legal guardian to make sure that both You and Your parent or guardian understand and agree to this Agreement, and Your parent or legal guardian must accept this Agreement on Your behalf. If You are a parent or legal guardian agreeing to this Agreement on behalf of and for the benefit of a Minor, then You agree to, and accept full responsibility for that Minor’s use or misuse of the Site and Service. The Company does not permit use by, not does it knowingly collect information from, persons under the age of thirteen (13).
c. Limitations on Users and Currencies. ResellRabbit reserves the right to limit, revoke, suspend or deny, in their sole discretion, payments made by users from certain countries or locations (“Limited Locations”). ResellRabbit also reserves the right to deny the use of certain currencies, including digital currencies, in their sole discretion. Any currency conversion that is required for any transaction or sale on the Site or through the Services shall be the responsibility of the payment gateway system We are using at that time.
3. Signing Up and Accounts
a. Seller Accounts: In order to create a Seller account (“Seller Account”) ,You must sign up at Our Site where You will be required to provide Us with information such as Your email and a password, your name, and authorize ResellRabbit to access, interact with, and utilize Your data and information on a product inventory and management platform, such as Poshmark (“Account Information”).
In order to maintain Your Seller Account and continue using the Services, You shall pay a service fee (“Service Fee”) every month or year, renewed automatically. We reserve the right to modify the Service Fee from time-to-time, in Our sole discretion, and upon written notification to You or by posting the modified Service Fee on Our Site. We reserve the right to require certain Sellers agree to additional terms and conditions.
Upon creating a Seller Account, You shall provide the payment platform we use at the time, such as Stripe, with Your payment information, such as Your bank account information, name, card number, expiration dates, and ccv numbers (“Payment Information”), in order to process Your Account and Service Fees.
You shall also be required to connect Your Account with Your current payment. You shall be required to authorize and permit Our access to payment processors in order for Us to provide Our Services and access necessary information.
We reserve the right to approve, deny, suspend, or revoke Your Seller Account at any time and for any reason.
b. Cancelling Your Account: You may cancel Your Account at any time and for any reason by accessing Your Account on Our Site. If You cancel Your Account within the 30 day billing cycle, You will still have access to Your Account, the Account Information, Services and User Content on Your Account. However, You shall pay any and all Service Fees for the month in which You cancelled Your Account on the next Service Fee Due Date. Failure to pay the entire Transaction Fee due on the Transaction Fee Due Date shall be considered a material breach of this Agreement, and shall be grounds for immediate termination. In the event that You Cancel Your Account, We reserve the right to keep, maintain and use the Account Information, User Content and all other data and information for internal business purposes only.
You may reinstate Your Account at any time but may be subject to fees and/or reinstatement fees. Upon reinstating Your Account, You will be charged pursuant to this Agreement.
c. You acknowledge and agree to the following:
You shall be responsible and liable for all activity that occurs on or in connection with Your Account;
We will not be liable for any loss or damage arising out of Your failure to maintain the security of Your Account Information, or for unauthorized access to Your account caused by You;
Use of automated participation is against Poshmark’s community guidelines. If using our Poshmark related services and any action is taken by Poshmark (closet shut down, or any other actions), we are not liable for any damages or repayment. The app is provided ‘as is’ and any use of this app is strictly at your own risk;
We may suspend, revoke, or limit Your rights to access the Services if You fail to comply with the terms of this Agreement in any way, or if We suspect or have reason to believe that You are not in compliance with Our policies and/or this Agreement.
Be responsible for Your Account Information’s accuracy, quality, and the legality of Your Account Information;
Ensure Your Account Information does not infringe on or violate the legal rights of any person or entity, or interfered with any agreement You have with another third party.
4. Payments and Fees
In order for Seller to use the Services, You must pay a Service Fee upon creating a Seller Account at the end of your trial period. Service Fees are subject to change from time-to-time, in Our sole discretion, and upon written notification to You. Service Fees shall be paid to Us every month or year from end of Your Account trial (“Payment Date”). Failure to pay the entire Service Fee due on the Payment Date shall be considered a material breach of this Agreement, and shall be grounds for immediate termination, unless the failure to pay is cured within 7 days (“Cure Period”) of receiving a written breach notice for Us (“Breach Notice”).
5. General User Rights and Obligations
Generally, You may access the Site and use the Services solely in accordance with this Agreement. You agree to adhere to all laws, rules, and regulations applicable to Your use of the Site and Service.
6. Intellectual Property
The Site and the software through which We provide Our Services, is the intellectual property of ResellRabbit, unless We have acknowledged otherwise in writing, and We hold all rights, titles, and interests in Our Site and Services and any works associated with Our Services, including without limitation, logos, source code, images, videos, data, algorithms, patents, photos, trademarks, trade dress, informational material provided through Our Services or by Us, and any resources, marketing material, articles, domain names, user database, business methods, research methods, referral lists, databases, updates, copyright (“Intellectual Property”) that We provide You for the benefit of using Our Services. Nothing in this Agreement or through Your use of Our Services shall be construed to be a transfer or grant of title, ownership or rights to Our Intellectual Property.
While using the Site and/or Service, You may from time-to-time provide Us certain materials, communications, suggestions, comments, improvements, ideas or other feedback to Us related to Our Site and/or Service (“Feedback”). You hereby grant to Us all rights, titles and interests in and to any Feedback that You make to Us concerning the Site and/or Service. In the event this grant is not sufficient for Us to fully realize and use the Feedback, You grant Us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Site and Service any of Your Feedback. By providing Feedback, You are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
8. Third Party Content
Some of the data and other content that is made available to You via the Site and/or Service may be provided by a third party with the intent that it be used by You (“Third Party Content”). Such Third Party Content remains the property of the uploader/poster. You should review any Third Party Content and service agreements to make sure You agree with their services, policies and terms. No license or transfer of interests, rights, or titles shall be granted by using the Third Party Content on the Site or through the Service. We are under no obligation to ensure that those Third Party Content and services work error-free, are accurate and are up-to-date. The Services may include third party content and/or hyperlinks to websites, resources, or content owned or operated by third parties, over which We have no control. We are not responsible for the accuracy or availability of such third-party content or such sites or resources or for any content, advertising, products, or material on or available from such third party’s sites or resources. We are not responsible or liable for any damages that You may incur, directly or indirectly, as a result of Your use of, and/or in reliance upon, any such third-party content, sites, or resources. In furtherance of the foregoing, You are responsible for reviewing such third party’s policies regarding use and/or reliance upon such third-party content, sites, or resources.
9. DISCLAIMER OF WARRANTIES
USE OF OUR SERVICES IS AT YOUR SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
Last modified on June 13, 2021